SHYAM LAL Vs. SARABJIT

JUDGEMENT

(1.) THE appellants of the present appeal remained unsuccessful both in the trial Court as well as in the first appellate Court and have filed the present R.S.A. which has been directed against the judgment and decree dated 18.11.1991 passed by the Additional District Judge, Faridabad, who affirmed the judgment and decree dated 19.2.1987 passed by the Court of Sub Judge Ist Class, Palwal.

(2.) BRIEF facts of the case are that plaintiffs Sham Lal and others filed a suit praying that a decree for declaration be passed in their favour and against the defendants Sarabjit and others to the effect that the order dated 29.5.1980 passed by the Assistant Collector 2nd Grade and the order dated 9.4.1981 passed by the Collector and further the order of Additional Director, Consolidation of Holdings dated 29.9.1981 and the order dated 15.2.1983 of the Consolidation Officer are illegal, unconstitutional and without jurisdiction and that the plaintiffs are in possession of the land in dispute belonging to Sham Lal Patti Brahman, which was allotted to the plaintiffs during the consolidation on account of their possession over the old Khasra numbers and that a decree for permanent injunction be passed in favour of the plaintiffs and against the defendants restraining them from dispossessing the plaintiffs from the land in suit.

(3.) ACCORDING to the plaintiffs they were in possession of the disputed land right from 1974 to 1978 and in these circumstances they were entitled to the possession of the same after the consolidation. The allotment was made to the plaintiffs on the basis of the entries of the revenue record. The possession was delivered to them on 29.10.1979 and on 2.11.1979 and in these circumstances the spot inspection allegedly made on 4.4.1980 was meaningless. Moreover, it was made at the back of the plaintiffs. In short the case set up by the plaintiffs in the trial Court was that new Khasra Numbers had been carved out and on the basis of their old possession, the land in dispute was handed over to them. The consolidation had already taken place in the village and in these circumstances the orders passed by the Assistant Collector Grade-II, Collector and Additional Director Consolidation were illegal, null and void and against the principles of natural justice.